Court rules over ongoing Ivermectin legal battle
Pharmacists may however only sell Ivermectin if it was prescribed by a doctor.
Ivermectin may be prescribed by doctors and sold to patients by pharmacists, the North Gauteng High Court has ruled.
In terms of the court order by Judge J Sardiwalla, pharmacists may, however, only sell medicine that contained Ivermectin as an active ingredient if it was prescribed by a medical practitioner such as a doctor.
“This may be only in a quantity not greater than the quantity required for treatment of a particular patient by the medical practitioner,” the ruling said.
It must also not exceed “a quantity not greater than that prescribed by regulation for the sale in the retail trade”.
The court ruling said medical practitioners could prescribe compounded medicine that has Ivermectin as an active ingredient, but only if it was compounded by the holder of a licence in terms of legislation.
“This means that doctors can prescribe Ivermectin on their own judgement,” explained AfriForum’s head of research Barend Uys.
“No section 21 application or reporting is required for compounded Ivermectin.
“Patients can use this prescription to buy Ivermectin from any pharmacy where compounded Ivermectin is available.”
The ruling brought an end to the case between, among others, civil rights organisation AfriForum and the SA Health Products Regulatory Authority (Sahpra) over the use of Ivermectin to treat Covid-19.
The court order also ruled that Sahpra and the second respondent in the litigation, health minister Zweli Mkhize, were liable to pay around R1.8-million to the four groups involved.
The first applicant in the case, Dr George Coetzee, welcomed the ruling.
“We are very glad as this provides certainty for doctors and patients,” said Coetzee.
READ MORE: Legal battle over Ivermectin to continue
Sahpra, however, reiterated that there was still insufficient scientific evidence over the effectiveness of Ivermectin in treating Covid-19.
“There is simply insufficient scientific evidence on the efficacy of Ivermectin in such cases,” said CEO Dr Boitumelo Semete-Makokotlela.
“Sahpra will, however, continue to monitor emerging data regarding the use of Ivermectin.
Semete-Makokotlela said Sahpra had not received any application for the registration of an Ivermectin-containing medicine for Covid-19.
Sahpra also said they would be contesting parts of the ruling, which required it to regularly report back to the court over the use of Ivermectin.
“The court ordered that Sahpra is required to report back to them every three months,” the organisation said in a statement.
“Parties will be permitted to return to court under the same case number for further relief, if required. However, this was not agreed to by the parties nor were they asked for, by any of the applicants.
“We will, therefore, be appealing this specific order as per the legal advice obtained.”
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